MEMORANDUM
JOSEPH S. LORD, III, Chief Judge.
Defendants were indicted on March 13, 1978, Crim. No. 78-71, on numerous counts of tax fraud, and one count of conspiracy to commit tax fraud, in violation of 26 U.S.C. §§ 7201, 7206(2) and 18 U.S.C. § 371. On April 29, 1980, Judge Newcomer dismissed this indictment without prejudice. United States v. Serubo, Crim. No. 78-71 (E.D.Pa. April 29, 1980). See United States v. Serubo,
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